AGREEMENT BETWEEN CASHMERE EDUCATION ASSOCIATION AND CASHMERE SCHOOL DISTRICT NO. 222

Transcription

1 AGREEMENT BETWEEN CASHMERE EDUCATION ASSOCIATION AND CASHMERE SCHOOL DISTRICT NO MASTER AGREEMENT BETWEEN THE CASHMERE SCHOOL DISTRICT AND THE CASHMERE EDUCATION ASSOCIATION 1

2 AGREEMENT BETWEEN CASHMERE EDUCATION ASSOCIATION AND CASHMERE SCHOOL DISTRICT NO. 222 PREAMBLE... 5 ARTICLE I. ADMINISTRATION... 5 SECTION A. RECOGNITION... 5 SECTION B. DEFINITION OF TERMS... 5 SECTION C. DISTRIBUTION OF AGREEMENT... 6 SECTION D. STATUS OF AGREEMENT... 6 SECTION E. INDIVIDUAL AND SUPPLEMENTAL CONTRACT COMPLIANCE... 6 SECTION F. JOINT MEETINGS (Executive Forum)... 6 SECTION G. NEW POLICIES... 6 ARTICLE II - BUSINESS... 6 SECTION A. MANAGEMENT RIGHTS... 6 SECTION B. ASSOCIATION PERMISSION... 7 SECTION C. FAIR REPRESENTATION FEE (RCW )... 7 ARTICLE III - PERSONNEL RIGHTS... 8 SECTION A. NONDISCRIMINATION... 8 SECTION B. PERSONNEL FILES... 8 SECTION C. DUE PROCESS... 8 SECTION D: ASSIGNMENTS AND TRANSFERS... 9 SECTION E. EMPLOYEE PROTECTION ARTICLE IV EVALUATION/PROBATION SECTION A. AUTHORITY SECTION B. DEFINITIONS SECTION C. PURPOSE SECTION D. QUALIFICATIONS OF EVALUATORS SECTION E. INITIATING THE EVALUATION PROCESS SECTION F. PROVISIONAL EMPLOYEES SECTION G. SHORT FORM EMPLOYEES SECTION H. LONG FORM EMPLOYEES SECTION I. GENERAL REQUIREMENTS SECTION J. PRE AND POST CONFERENCES SECTION K. PROFESSIONAL GROWTH OPTION (PGO) SECTION L. PROBATION ARTICLE V - REDUCTION IN FORCE, PROCEDURES AND CRITERIA SECTION A. POLICY SECTION B. PROCEDURE SECTION C. CRITERIA ARTICLE VI - INSTRUCTION SECTION A. PREPARATION TIME SECTION B. WORKLOAD SECTION C. ACADEMIC FREEDOM SECTION D. FACULTY DRESS AND GROOMING GUIDE SECTION E. SUPPLIES, MATERIALS AND EQUIPMENT SECTION F. STUDENT DISCIPLINE SECTION G. STAFF DEVELOPMENT SECTION H. MENTOR TEACHERS SECTION I. GRADING MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 2

3 ARTICLE VII - LEAVES SECTION A. ILLNESS, INJURY AND EMERGENCY (SICK LEAVE) SECTION B. BEREAVEMENT LEAVE SECTION C. PERSONAL LEAVE SECTION D. PATERNITY LEAVE SECTION E. ASSOCIATION LEAVE SECTION F. TRAVEL AND/OR STUDY LEAVE SECTION G. SABBATICAL LEAVE SECTION H. JURY DUTY SECTION I. ACCIDENTS ON THE JOB SECTION J. MILITARY LEAVE SECTION K. CHILD REARING LEAVE SECTION L. FAMILY LEAVE (Family and Medical Leave Act of 1993) SECTION M. LEAVE REQUEST ARTICLE VIII - FISCAL SECTION A. WORK DAY SECTION B. BASE CONTRACT SECTION C. PLACEMENT ON THE SALARY SCHEDULE SECTION D. HEALTH INSURANCE SECTION E. STAFF INVOLVED WITH HIRING SECTION F. RELEASE FROM CONTRACT SECTION G. CO-CURRICULAR ACTIVITIES ARTICLE IX. GRIEVANCE PROCEDURE SECTION A. DEFINITIONS SECTION B. TIME LIMITS SECTION C. RIGHTS TO REPRESENTATION SECTION D. INDIVIDUAL RIGHTS SECTION E. ELECTION OF REMEDIES SECTION F. PROCEDURES SECTION G. MISCELLANEOUS CONDITIONS ARTICLE X. TERM AND RATIFICATION SECTION A. EFFECTIVE DATES SECTION B. OPENERS APPENDIX A. EMPLOYEE SALARY SCHEDULE APPENDIX B. CO-CURRICULAR SALARY SCHEDULE APPENDIX C. FORMAL GRIEVANCE FORM APPENDIX D. PLANNED OBSERVATION FORM APPENDIX E. EMPLOYEE FINAL EVALUATION REPORT (SHORT FORM) APPENDIX F. EDUCATIONAL SUPPORT STAFF FINAL EVALUATION REPORT (SHORT FORM) APPENDIX G. LIBRARIAN FINAL EVALUATION REPORT (SHORT FORM) APPENDIX H. EMPLOYEE FINAL EVALUATION REPORT (LONG FORM) APPENDIX I. EDUCATIONAL SUPPORT STAFF FINAL EVALUATION REPORT (LONG FORM) APPENDIX J. LIBRARIANS FINAL EVALUATION REPORT (LONG FORM) APPENDIX K. EVALUATION OPTION FORM APPENDIX L. PROFESSIONAL GROWTH OPTION APPENDIX M. PROFESSIONAL GROWTH OPTION VERIFICATION APPENDIX N. CO-CURRICULAR EVALUATION CRITERIA APPENDIX O. CO-CURRICULAR PERFORMANCE EVALUATION FORM APPENDIX P. TRANSFER REQUEST FORM APPENDIX Q. NOTICE TO EMPLOYEE RECEIVING A DISCIPLINARY ACTION OR BEING PLACED ON PROBATION MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 3

4 APPENDIX R. LEAVE REQUEST FORM APPENDIX S. SCHOOL CALENDAR DEVELOPMENT PROCESS APPENDIX T. OPTIONAL DAYS APPENDIX U. CONTRACT HISTORY MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 4

5 AGREEMENT BETWEEN CASHMERE EDUCATION ASSOCIATION AND CASHMERE SCHOOL DISTRICT NO. 222 PREAMBLE This Agreement is by and between the Cashmere School District and the Cashmere Education Association, pursuant to RCW The parties to this agreement are committed to communication, due diligence and good faith whenever working out differences of interpretation or implementation of any provision of this contract. It shall be the mutual responsibility of the parties to cooperate, seeking consultation and input from one another whenever implementing a provision of this agreement. It is the hope that the philosophy of this approach is applied to any additional program, project, process or procedure that may affect compensation and/or conditions of employment. SECTION A. RECOGNITION ARTICLE I. ADMINISTRATION The Cashmere Board of Education recognizes the Cashmere Education Association as the exclusive bargaining representative for all certificated employees of the District excluding the Superintendent, Assistant Superintendent, Principals, Director of Student Support Services, Assistant Principals, Curriculum Director, Vocational Director, substitute teachers. SECTION B. DEFINITION OF TERMS As used in this agreement, the following terms will have the following meaning unless the context in which they are used shall clearly indicate another meaning. 1. "District" shall mean Cashmere School District No. 222, Cashmere, Chelan County, Washington. 2. "Board" shall mean the Board of Directors of Cashmere School District No "Superintendent" shall mean the Superintendent of Cashmere School District No. 222 or his or her designee. 4. "Association" shall mean Cashmere Education Association, which is affiliated with the Washington Education Association and the National Education Association. 5. "President" shall mean the chief elected official of the Cashmere Education Association or his/her designee. 6. "Contract" shall mean the individual employment contract issued to, and signed by, each certificated employee pursuant to RCW 28A "Parties" shall mean the Board/District and the Association. 8. "Certificated employees" or "Employees" shall mean any member of the bargaining unit as set out in this Agreement. 9. "Days" shall mean employee contract days, except as otherwise indicated. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 5

6 10. Words denoting gender shall be deemed to include both masculine and feminine. 11. The term "RCW" shall mean the Revised Code of Washington. 12. The term "WAC" shall mean the Washington Administrative Code. SECTION C. DISTRIBUTION OF AGREEMENT After the parties reach tentative agreement on a successor Agreement, the District and the Association shall appoint one representative each to produce a draft copy of the new agreement for mutual editing. Upon reaching final agreement on the content and form of the Agreement, a digital copy will be provided to the Superintendent and the President for further dissemination. In addition, the Board shall provide one (1) copy to each new employee hired during the term of the Agreement. SECTION D. STATUS OF AGREEMENT Sole Agreement: This shall be the sole Agreement between the parties regarding wages, hours, and terms and conditions of employment. It shall supersede any rules, regulations, policies, resolutions, or practices of the District which shall be contrary to or inconsistent with its terms. SECTION E. INDIVIDUAL AND SUPPLEMENTAL CONTRACT COMPLIANCE 1. Each employee returning to the Cashmere School District shall be issued a contract on or before the last day of school, or, except in the case of emergency, by June 15 th at the latest. 2. Each contract shall be made in duplicate with one (1) copy returned to the employee after approval by the School Board. 3. All employees holding co-curricular advisor positions shall retain those positions if satisfactory evaluations are received. 4. An employee requesting relief from co-curricular assignment will be released from said assignment only if another staff member of at least equal qualifications can be found to allow the District to honor the request. SECTION F. JOINT MEETINGS (Executive Forum) Representatives of the Parties shall meet no less often than monthly during the regular school year to monitor the administration of the Agreement and pursue mutual problem identification and mutual problem solving. Such meetings shall not be grievance resolution conferences nor shall they be collective bargaining sessions regarding this or successor Agreements. SECTION G. NEW POLICIES No new policies shall be adopted and/or implemented unless that policy has been offered to the CEA for review and input before final adoption by the Board. SECTION A. MANAGEMENT RIGHTS ARTICLE II - BUSINESS It is recognized that the Board has the responsibility and authority to manage and direct the operations and activities of the District provided that all such actions shall conform to State and Federal law and the MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 6

7 provisions of this Agreement. SECTION B. ASSOCIATION PERMISSION 1. Use of building: The Association may use the District buildings for the purpose of having meetings and transacting Association business in accordance with established Board policy provided that such meetings and business shall not interfere with District educational programs. The Association shall reimburse the District for any extra costs resulting from such Association use of a District building. All such meetings shall be held outside the regular teacher workday. 2. Use of School Equipment: The Association shall have permission to use District office equipment and video equipment at reasonable times when such equipment is not otherwise in use. Any supplies consumed or repairs required by this use shall be paid by the Association. No equipment shall be removed from its regular place without permission of the building principal. 3. Use of District Bulletin Boards: The Association shall have permission to post notices on school district bulletin board space provided by the District in each faculty lounge in each building in which members of the bargaining unit are employed. Any information posted on the bulletin board shall carry the signature of an Association officer who shall have the responsibility of removing it when no longer current. 4. Use of District Electronic Mail System: The Association shall have permission to use the district's electronic mail system and employee mailboxes for communication purposes. All material distributed shall be identified as Association business and shall carry the signature of an Association officer or be sent from an association officer s computer. An association representative shall have the responsibility for sorting and placing the mail in the boxes. 5. New Employees: The Board shall notify the Association of the name and address of any new certificated employee hired. 6. School District Budget and Financial Reporting: The District shall provide, upon request, any public information. 7. Notice of Probation and Disciplinary Action: In the event any employee is placed on probation or is given a formal disciplinary action, the District shall provide the President with notice of such action provided that should the employee indicate in writing to the District (Appendix Q) that he/she does not wish to have the Association notified, such notice will be withheld. SECTION C. FAIR REPRESENTATION FEE (RCW ) 1. New Employees: All new employees have the option of joining the Cashmere Education Association, or they may choose to pay a fair share representation fee. 2. Representation Fee: No member of the bargaining unit will be required to join the Association. However, those new employees who are not Association members, but who are members of the bargaining unit, will be required to pay a fair share representation fee to the Association. The amount of the fair share representation fee shall be an amount equal to the regular dues for Association membership, including NEA, WEA, CEA, and UniServ. Non-members shall neither be required, nor allowed, to make political (Pulse or NEAPAC) deductions. Dues will be prorated based upon the employee's FTE. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 7

8 ARTICLE III - PERSONNEL RIGHTS SECTION A. NONDISCRIMINATION Employees shall be entitled to full rights of citizenship. The Parties shall not discriminate against any employee because of membership or non-membership in the Association, domicile, race, creed, religion, color, national origin, age, sex, or marital status. SECTION B. PERSONNEL FILES 1. Location: The District shall maintain the employee's personnel file at the District central office. There shall be no separate official personnel files kept by the District. The Superintendent shall be responsible for safeguarding personnel files and shall sign an inventory sheet to verify the contents of the personnel file, if the employee so requests. 2. Right to Inspect: Any employee shall have the right to inspect all contents of his/her own file. A representative of the Association shall, at the employee's request, accompany the employee in this review. Each personnel file shall contain the following minimum items of information: required medical information, evaluation reports, annual contracts, teaching certificates and a transcript of academic records. 3. Placement of Materials: Each certificated employee shall have the right to review, initial and attach his/her own comments to any evaluation or other correspondence originating from the District administrators prior to its being made a part of his/her official personnel files. 4. Removal of Materials: After seven (7) years, the District may remove and destroy employee's evaluation reports. 5. Confidentiality: The personnel files of employees are confidential to the extent permitted by state law. Such official personnel files shall be available for inspection only to the supervisory personnel, confidential employees of the District, the individual employee and the employee's duly authorized representative. 6. Principals' Working Files: Principals' working files will be available for review by the employee at the employee's request. Said files shall be purged no later than June 30 of the following school year, except for the employee's previous year's evaluation and goals. SECTION C. DUE PROCESS 1. Just Cause: No employee shall be formally disciplined without just cause. 2. Written Grounds: The specific grounds forming the basis for the formal disciplinary action shall be made available to the employee consistent with Article III, Section C, Part Hearings: Employees shall have the right to a fair hearing and confrontation of witnesses. 4. Association Representation: An employee shall, upon his/her request, be entitled to have present a representative during any formal disciplinary action. When a request for representation is made, no action shall be taken with respect to the employee until such representative is present, provided that no more than a 24-hour delay is incurred by unavailability of such representative. Employees shall be entitled to Association representation at any hearing, meeting or conference involving the employee regarding disciplinary actions or the investigation thereof at which the employee is present. When a request for such representation is made, no action shall be taken with respect to the employee until such representative of the Association is present. In the event disciplinary action is to be taken, the employee shall be advised of the right to representation in writing under this MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 8

9 provision prior to the action being taken. Such notification shall be through the use of Appendix Q, which is made part of this Agreement. 5. Privacy and Confidentiality: If any complaint made against a teacher, or person, for whom the teacher is administratively responsible, by any parent, student or other person is to be called to the attention of the teacher, it must be done promptly. Any complaint not called to the attention of the teacher may not be used as basis for any formal disciplinary action against the employee. All disciplinary action shall take place in private and in confidence. 6. Complaints Against Employees: Any complaint against an employee that may lead to disciplinary action shall be promptly called to the attention of the employee. No complaint against an employee may be used in a disciplinary action against that employee unless the complaint was discussed with the employee in a timely fashion. SECTION D: ASSIGNMENTS AND TRANSFERS The District shall have the right to assign all employees to positions within the District subject to existing laws and this Agreement. 1. Assignment: An assignment shall mean the placement of an employee to a position within the bargaining unit. A position shall include the grade level and/or subject taught, or specialty assignment (e.g. special education or librarian) and the building(s) in which the employee is stationed. 2. Vacancy: For purposes of this section, the term vacancy shall mean an employee opening which exists only after in-district personnel placements are completed, resulting in the need for additional personnel, and upon official posting by the District. 3. Application for Vacancies and New Positions: Employees shall apply for position vacancies and new positions in the following manner: a. All vacancies and new positions will be posted in the buildings for a minimum of seven (7) days before being advertised to the general public. b. Posting notices will be given to building representatives. c. Posting notices will include all information for application including appropriate deadlines. d. All employee applicants will be screened and interviews given to at least three (3) present employees if that many apply for the position prior to posting the position for outside applicants. Indistrict applicants will be given first and full consideration but are not guaranteed to be hired for the vacant position. The District intends to involve non-applicant employees in the hiring process. However, after all discussion is considered, it is agreed that the final decision on which candidate is hired is left to the discretion of the principal. e. If an opening occurs during school vacations, posting notices will be mailed to all CEA members. f. If an opening occurs during school vacations, all vacancies and new positions will be posted for a minimum of 5 days before being advertised to the general public. g. If an opening occurs within the two (2) weeks before the start of a school year, the District has the prerogative of hiring the best candidate available without having to post the openings for a minimum of five (5) days. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 9

10 4. Transfers: A transfer shall mean a change of assignment. To facilitate transition and preparation for new assignments, available monies may be requested. See Article VIII, Section B, Number 6, Letter C: Additional Time Pay. 5. Voluntary Transfer: A voluntary transfer shall mean an employee who desires a change in assignment and who completes a written application for transfer. 6. Involuntary Transfer: Involuntary transfer shall mean the following: a. Surplus Teachers: When an employee is placed in another assignment due to surplus teachers at a grade level or position. Such involuntary transfers shall be for one year only and the qualified employee with the least seniority shall be transferred. b. Improved Opportunity: Those changes in assignment made for the purpose of moving an employee from a position in which he/she is not successful, according to unsuccessful evaluations, to one in which he/she has an improved opportunity for success. In such cases (improved opportunity transfers), the District is given authority to act in the best interest of the District and the employee with regard to the assignment, which includes the right to waive 3.a and 3.b above. 7. Transfer Requests: Employees who desire a transfer or reassignment shall apply in writing as vacancies are posted. The Superintendent shall notify in writing each employee who has requested a transfer or reassignment when the position is filled. 8. Filling Vacancies and New Positions: a. All vacancies or new positions shall be filled by the best candidate, based upon the posted qualifications for the position. b. In the event the qualifications of applicants are substantially equal, the District shall apply the following priority order when filling vacancies and new positions within the bargaining unit: 1. Applicants who previously were transferred out based upon surplus and were successful in that same position. 2. Applicants for voluntary transfer from within the building, including those who are part-time and are applying for a position that would increase their contract time. 3. Applicants for voluntary transfer from outside the building, but within the District. 4. Other applicants. 9. Notification of Assignments: All employees will be notified of their assignments and building assignment on or before the end of school, or, except in the case of an emergency, by June 15 at the latest. Any change in that assignment will be given to the employee in writing. SECTION E. EMPLOYEE PROTECTION 1. District Insurance: The District shall provide such insurance for the protection of employees as is required by RCW 28A and upon annual renewal will provide employees with a written summary of the coverage they have under the provisions of District insurance policies. The District shall notify the President of any changes in insurance coverage. 2. Threats: Any employee who is threatened with physical harm by any person or group while carrying out assigned duties shall immediately notify the Superintendent, and if necessary, the appropriate law enforcement authority. Immediate steps shall be taken by the Superintendent in cooperation with the employee to provide for the employee's safety. Steps may include notifying law enforcement, providing legal counsel and/or other earnest efforts. Precautionary measures for the employee's safety shall be reported to the employee by the Superintendent at the earliest possible time. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 10

11 3. Absence Due to Attack: If an employee is absent from work because of injuries suffered from an attack while in the performance of his/her duties for the Cashmere School District, the current Labor and Industries rulings will determine wages paid to an employee. SECTION A. AUTHORITY ARTICLE IV EVALUATION/PROBATION All employee evaluations shall be conducted in accordance with RCW 28A , RCW 28A , WAC and this Agreement. SECTION B. DEFINITIONS 1. The term "Observation" shall mean the actual viewing by the evaluator of the employee working in assigned areas during a specific period of time as a part of the evaluation process. 2. The term "Observation Report" shall mean a written summary of the observation. Such observation report(s) shall be the primary basis for the "Evaluation Report." 3. The term "Evaluation" shall mean a summary of the results of observations of the employee during the evaluation process, as well as performance of other professional duties in the school setting. 4. The term "Evaluation Report" shall mean that document which becomes a part of the employee's personnel file. The Employee Final Evaluation Report (Short Form) is attached to and made a part of this Agreement as Appendix E. The Educational Support Staff Final Evaluation Report (Short Form) is attached to and made a part of this Agreement as Appendix F. The Librarian Final Evaluation Report (Short Form) is attached to and made a part of this Agreement as Appendix G. The Employee Final Evaluation Report (Long Form) is attached to and made a part of this Agreement as Appendix H. The Educational Support Staff Evaluation Report (Long Form) is attached to and made a part of this Agreement as Appendix I. The Librarian Evaluation Report (Long Form) is attached to and made a part of this Agreement as Appendix J. 5. The term "Evaluation Process" shall mean that process which begins with the distribution of evaluation criteria by evaluators to each employee at the beginning of each school year. The process ends with the placement of the Evaluation Report into the employee's personnel file. 6. The term "Evaluation Criteria" shall mean that list of criteria set forth and made a part of this Agreement for Employees as included in Appendix H, for Educational Support Staff Employees as included in Appendix I, and for Librarians as included in Appendix J. 7. The term "Evaluator" shall mean the building principal of the employee being evaluated, provided that assistant principals may serve under the direction of the building principal as evaluator, and further provided that in the event the employee being evaluated does not work under the direct supervision of a building principal such certificated administrator employee of the District as the Superintendent shall designate may serve as an evaluator, so long as such administrator is made known to the employee as his/her evaluator administrator otherwise meets the requirements for evaluators set out in law and this Agreement. 8. The term "Observer" shall mean that administrative employee of the district charged with the responsibility to evaluate employees during that portion of the evaluation process that he/she is performing the observation function. It is agreed that all administrators in a school who have been trained in evaluation/supervision may be named as observers and may provide observation information to the administrator designated as the evaluator. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 11

12 9. The term "Educational Support Staff" shall mean that sub-group of employees who are not classroom teachers, including but not necessarily limited to Librarians, Counselors, Psychologists, Speech Therapists, Occupational Therapists and Physical Therapists. SECTION C. PURPOSE The purposes of evaluation shall be: 1. Identify Satisfactory Performance: To identify, in consultation with employees, specific areas in which the professional performance of each employee is satisfactory. 2. To Assist: To assist employees who have identified areas needing improvement, in making those improvements. 3. Remediation: To identify employees whose professional performance is unsatisfactory and for whom remediation is needed. No employee shall be harassed or negatively affected in any way due to a request by the District to selfevaluate, evaluate a fellow employee or the educational process. SECTION D. QUALIFICATIONS OF EVALUATORS All evaluators must have been adequately trained in this evaluation system and process. SECTION E. INITIATING THE EVALUATION PROCESS Within the first ten (10) days of each school year, or, in the case of new employees hired after the beginning of the school year, within ten (10) days of hire, evaluators shall meet with employees to review and discuss the evaluation process, options, criteria and forms. Where appropriate, evaluators may use group meetings for this purpose. At this meeting each employee shall be informed of his/her observer, evaluator, evaluation options and probable schedule of observations and evaluations, and given a copy of the Evaluation Option Form, a copy of which is attached to and made a part of this Agreement as Appendix K. Within ten (10) days following this meeting each employee shall complete the Evaluation Option Form and return it to his/her evaluator. In addition the evaluator and employee shall mutually agree on the employee's professional goals for the year. This goal setting meeting shall be completed by October 15. SECTION F. PROVISIONAL EMPLOYEES 1. Definition: The term "Provisional Employee" shall mean a beginning teacher who is in his/her first two (2) years of employment with the District; or, one (1) year of employment with the District for any experienced teacher who returns to employment with the District after an absence, or who returns to employment with the District within the bargaining unit. 2. Frequency of Evaluation: Provisional employees shall be evaluated no less often than two (2) times during their first (1st) year of employment. The first (1st) such evaluation must be completed within the first (1st) ninety (90) days of employment. The final evaluation shall be completed no later than June Observations: Provisional employees shall be observed for the purpose of evaluation no less than twice for each evaluation. Each observation shall be no less than thirty (30) minutes in length. 4. Provisional employees shall be subject to the provisions of RCW 28A and Article IV, Section F of this Agreement. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 12

13 SECTION G. SHORT FORM EMPLOYEES 1. Definition: The term "short form employee" is any employee who has been employed by the District for four (4) years with satisfactory evaluations, provided that any such employee may opt out of short form status for any full year, and the long form must be used. 2. If more than one-third (1/3) of the building employees apply for short form status, selection shall be by lot. There shall be no more than one-third (1/3) of the building employees on the short form, and no more than one-third (1/3) on the PGO. 3. Frequency of Evaluation: Short form employees shall be evaluated one (1) time per year, which evaluation shall be completed no later than June Observations: Short form employees shall be observed for the purpose of evaluation at least one (1) time for a period of no less than thirty (30) minutes. 5. Negative Evaluation Bar: The short form evaluation may not be used as a basis for determining that an employee's work is unsatisfactory, nor as probable cause for the non-renewal of an employee's contract under RCW 28A or RCW 28A The short form evaluation may be used only in those cases where the evaluator reports "satisfactory". 6. Removal from Short Form: If the evaluator or employee has reason to believe the short form option should be dropped during the year, written notification must be given of the reasons for the decision by February 1. SECTION H. LONG FORM EMPLOYEES 1. Definition: The term "long form employees" shall be those employees who are provisional with the District, who are not on probation, and who do not qualify for short form evaluation. 2. Frequency of Evaluation: Long form employees shall be evaluated at least one (1) time each year, which evaluation shall be completed no later than June Observations: Long form employees shall be observed for purpose of evaluation no less than two (2) times for each evaluation. Each observation shall be no less than thirty (30) minutes in length. SECTION I. GENERAL REQUIREMENTS 1. Work Site Limit: All observations for the purpose of evaluation must be conducted with the knowledge of the employee at the employee's assigned work site. 2. Signatures: The written observation report(s) and the written evaluation report(s) must be signed and dated by the observer and the evaluator respectively. Such reports are also to be signed and dated by the employee, provided that the employee's signature shall indicate only that he/she has received a copy of the observation and/or evaluation, not that he/she necessarily agrees with its content. 3. Copy and Response: A copy of each observation shall be given to the observed employee within five (5) days of the observation. A copy of the evaluation shall be given to the employee by June 1. Within ten (10) working days, the employee may submit written comments concerning the report, which shall be attached to the report in the employee's file. 4. Observations: Evaluators shall have personally conducted at least one (1) of the two (2) observations upon which each evaluation is based. Said observation shall be of no less than thirty (30) consecutive minutes. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 13

14 5. Working Files: Principal's working files shall be purged at the end of each school year or no later than June Surprise Bar: Any item on the Evaluation Form that is marked with an "Unsatisfactory" must have been preceded with a written statement and/or formal conference with the employee in order to provide notice of the problem, specific suggestions for improvement and reasonable time and opportunity for improvement. SECTION J. PRE AND POST CONFERENCES 1. Optional Observation Conference: The evaluator and employee may meet for a pre and post conference for one (1) of the two (2) required observations under the long form option. During the pre-conference the evaluator and the employee shall fill out the Planned Observation Form (Appendix D) and mutually agree on the observation tool to be used during the observation. Employees shall have the opportunity to provide additional information to aid the observer/evaluator in completing the report, and make suggestions for the next observation. 2. Time and Place: Conferences shall be held within the timelines set out in this Agreement at times and places mutually determined by the evaluator and the employee. SECTION K. PROFESSIONAL GROWTH OPTION (PGO) 1. Definition: The term "Professional Growth Option (PGO)" shall mean a voluntary plan by an employee designed to improve that employee's professional performance according to the criteria set forth below. Any employee with four (4) consecutive years of satisfactory evaluations with the previous year being satisfactory in every criterion is eligible for participation in the PGO. 2. Purpose: The purpose of the PGO is to assist employees in self-guided professional development toward self-selected professional development goals in order to encourage enhancements and improvements in teaching skills, techniques and abilities. Professional growth is the desired outcome of the PGO. Collaborative interaction is encouraged. PGO's are intended to provide employees with support for the risk-taking inherent in trying new ideas. The PGO may not be used as a basis for determining that an employee's work is unsatisfactory, or as probable cause for the nonrenewal of an employee's contract. 3. Plan: Employees intending to develop a PGO shall note such intention on the Evaluation Option Form (Appendix K). Such plan shall be developed, maintained, and executed cooperatively between the employee and the administrator. 4. Funding: The District shall provide a fund of four thousand dollars ($ ) for employees on the PGO. Employees may apply through the principal to the Curriculum and Instruction Leadership Council (CILC)for approval and funding of projects. 5. Records and Materials: In addition to the plan itself, materials, records and/or portfolios developed as a result of an employee's participation in a PGO, whether or not funded by the District, shall be the sole property of the employee and the District, but shall not be retained in the employee's personnel file or used by the district in any way in its evaluation of the employee. 6. Procedures: a. During the months from September through March and through April 15, employee participants and supervisors shall meet to discuss the employees' potential goals and complete the planning work sheet (attached herein as Appendix L). By April 15, all requests for PGO's shall be submitted for MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 14

15 funding to the Curriculum and Instruction Leadership Council (CILC) for approval of funding. Employees should have in mind the goals, the areas to be investigated, resources needed, colleagues to be involved, methods for collecting data and the methods for evaluating growth toward the goals. The number of goals is less important than the quality of goal(s) that are set. Goals may include: 1) Employee Goals: Directly related to teaching. 2) Student Goals: Related to desired student outcomes. 3) Program Goals: Related to curriculum development and committee involvement. 4) Personal and Professional Goals: Related to areas where the employee would like to grow either professionally or in a personal area of expertise. b. One or more of the following sources of information shall be used by the employee in developing PGO plans: 1) Peer review and evaluation. 2) Input by Parents. 3) Input by students. 4) Personal and/or professional goals. 5) District goals. 6) Building goals. 7) Self-assessment 8) Personal academic records 9) District evaluations 10) Portfolios. c. During the spring, new PGO participants for the following year shall commit to attend an inservice regarding goal setting, communication and improvement of instruction. This inservice will allow employees, where applicable, to plan summer activities related to their potential goals. d. Throughout the year, the employee and supervisor shall meet to discuss collaboratively the progress on goals. (Minimum of two (2) meetings). e. No later than May 15, a final meeting shall be held to analyze data and review the success of the goals. At this meeting, the Professional Growth Option Verifications form (attached herein as Appendix M shall be compiled collaboratively to be submitted to the District personnel file. At this meeting, the supervisor will verify that the employee has met state statutory requirements and certify the completion of Addendum M. SECTION L. PROBATION 1. Notice: In the event that an employee's work is judged to be unsatisfactory, the Superintendent shall notify the employee in writing on or before February 1 of the academic year of the specified area(s) of deficiency along with a suggested, specific, and reasonable program of improvement based upon the evaluation criteria and procedure. This written notice shall advise the employee of the establishment of a probationary period beginning on February 1, and ending no later than May 1. The notice to the employee shall be signed by the Superintendent. 2. Purpose: The purpose of the probationary period is to give the employee an opportunity to demonstrate improvement(s) in his/her areas of deficiency. 3. Regular Meetings and Assistance: During the probationary period the evaluator shall meet with the employee twice monthly to supervise and make written evaluations of the progress made by the employee. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 15

16 4. An employee on probation may authorize an Association representative to accompany him/her at all conferences required in this section. 5. Removal: The employee may be removed from probation at any time he/she has demonstrated improvement to the satisfaction of the evaluator. If the evaluator is satisfied that the employee should be removed from probation, the employee shall be notified in writing no later than May Failure to Improve: If the probationary employee has not demonstrated satisfactory improvement in the area(s) of deficiency, the employee shall be notified in writing on or before May 15 of the lack of improvement along with specific documentation. Lack of necessary improvement may constitute grounds for non-renewal pursuant to RCW 28A or RCW 28A Adverse Effect: Probation shall not be deemed to adversely affect the contract status of an employee within the meaning of RCW 28A SECTION A. POLICY ARTICLE V - REDUCTION IN FORCE, PROCEDURES AND CRITERIA The District, insofar as possible, shall protect the professional integrity of all employees whose contracts are not renewed as a result of application of the procedures and criteria provided herein. Non-renewal of their contracts shall not reflect in any way or be considered as a comment on their professional competency or ethics. The District shall assist the employees in finding positions of equal status in this or another district. SECTION B. PROCEDURE 1. Determination of Reduced Program: If the District is confronted with a levy failure, possibility of a levy failure, reduction in student enrollment, loss of funds, or other causes which may result in a reduction in the educational program and the number of employees in the District, the Board and the administrative staff of the District shall follow the sequence of steps below in assessing the degree of the financial shortage and steps to be taken: a) Review of student needs and the scope of the educational program to meet requirements (local, state and federal) b) Determination of the funds available from local budget, state funds, federal funds and special grants- -calculation of the shortage of funding to meet financial needs c) Review of current budget to determine where non-personnel expenditures can be reduced and still permit safe, legal operation of the schools d) Definition/description of a reduced educational program that will meet legal requirements and student needs e) Description of the positions necessary to carry on and adapt to the newly revised program f) Explicit definition and evaluation of the impact of the reduced program upon the certificated staff of the District g) An analysis by the administrative staff of the total number of employees leaving the District for reasons of retirement, family transfer, normal resignations, leaves of absence or discharge and/or those in provisional employee status h) Design of a plan to fill the openings created from the changes immediately described above with certificated employees currently employed by the District MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 16

17 i) In considering and determining whether or not a certificated employee should be retained to fill a particular position or should be given notice of probable cause or causes for non-renewal of his/her contract under the procedures provided above, the following factors shall be considered: Application by administrative staff of the criteria described below to determine tentatively who will be placed in what positions where people will be transferred or reassigned: Academic preparation for such position or similar positions, including the current requirements from the Office of the Superintendent of Public Instruction regarding endorsements and teacher assignments as provided in WAC and other applicable laws/regulations such as Highly Qualified requirements; and Experience in such position or similar position in district; and If two or more certificated employees are deemed equally qualified to handle a position under the criteria above, the determination will take into account the time of service in such position or similar position in the State of Washington. The assignment of staff members will be determined using the standard of placing employees in the positions that will provide maximum academic strength, educational experience and social development for students. j) Further determination as to what additional preparation for certain employees might be needed to fit a new assignment and the practicality of completing the training by the beginning of the coming school year k) Preparation by the administrative staff of a plan for the revised educational program, the tentative assignment and reassignments necessary to offer the program l) Recommendation of a tentative program and estimate of positions under this reduced program shall be referred to the Board by the Superintendent Thereafter, if determined necessary, the Superintendent shall make a determination of probable cause or causes for non-renewal in accordance with RCW 28A , based on the criteria herein set forth. 1. Legal Notices: Legal notices shall be sent as soon as possible (in all cases, prior to May 15) to the affected individuals as stipulated under the section of this agreement concerning the non-renewal of contracts in accordance with RCW 28A Re-Employment Pool: Any certificated employee, upon hearing of the administrative recommendations as provided in paragraph 1 above, or of the determination that probable cause exists for non-renewal of his/her employment contract, may request and be entitled to receive a leave of absence for the ensuing school year by filing a written request no later than May 30th. Any employee taking such leave shall be placed in the employment pool. If it is necessary to apply this policy for the school year following that during which a certificated employee is on leave as provided herein, this policy shall then be applied to determine if probable cause exists for not renewing such employee's contract. Any certificated employee given notice that his/her contract will not be renewed at the end of the current school year, or taking leave as provided herein, shall receive preferential treatment in filling vacancies for which they are qualified. All employees given notice of non-renewal or taking leave shall be placed in an employment pool for possible employment for a period extending to the commencement of the first school year after that for which they took leave or were non-renewed, or for an additional school year, if requested in writing, on or before April 1, preceding such year. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 17

18 When a vacancy occurs, notification thereof shall be given by the school district to all employees in the pool by certified mail, return receipt requested, to the last known address of such employee or by personal delivery of such written notification to such employee. Any employee shall have ten (10) calendar days from receipt of such written notice to request consideration for the vacant position. Such vacancy shall be filled from the employment pool by the employee determined to be qualified by the Board, applying the criteria herein, to fill such vacancy. Priority and competency of all employees requesting consideration for a vacant position shall be determined by the Board following a consideration of the same factors and in the same order as enumerated in the criteria contained herein. 3. Substitute Pool: If any certificated employee in the employment pool desires to be considered for substitute work, he or she shall advise the Board in writing. Any such employee shall then be placed in a substitute pool with first priority for substitute work for which they are deemed competent under the criteria herein. SECTION C. CRITERIA In considering and determining whether or not a certificated employee should be retained to fill a particular position or should be given notice of probable cause or causes for non-renewal of his/her contract under the procedures provided above, the following factors shall be considered: 1. Past performance as indicated by the annual evaluation report of such certificated employee. 2. Academic preparation for such position or similar positions; and 3. Experience in such position or similar in district position. If two or more certificated employees are deemed equally qualified to handle a position under the three (3) criteria listed above, determination of the teacher to be retained shall be based upon time of service in the public schools of the State of Washington. SECTION A. PREPARATION TIME ARTICLE VI - INSTRUCTION The Parties acknowledge that an employee s primary responsibility is to teach and that his/her energies should, to the greatest extent possible, be utilized to this end. Therefore, the District shall not require employees to supervise regularly scheduled recess and lunch duty, where such responsibilities may be capably performed by paraprofessionals or other qualified persons. Employees shall receive preparation time in the following manner: Kindergarten Grades 1-4 Grades minutes per week 180 minutes per week, 1 class period per contract day. Employees who are less than full-time employees shall be prorated in terms of time given for preparation or time required to be present before or after school according to the percent of full-time assignment they hold. 1. Use: The use of preparation time shall be for professional purposes as determined by the employee. Employees shall have the right to use for preparation time any and all time during which their classes are receiving instruction or assistance from a specialist, or are generally under the supervision of a specialist. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 18

19 2. Loss of Preparation Time: An employee shall not be asked to assume the responsibility of another employee's class during his/her preparation time, except in unforeseen emergencies, or when, because of time limitations, arrangement for regular substitutes cannot be made. Any employee who is required to cover another employee s classroom assignment due to co-curricular activities or school related activities shall receive thirty dollars ($30.00) per assignment. Every effort will be made to balance the loss of preparation time due to schedule changes, for example late starts, early release, assemblies, parent conferences, and WASL testing /30 Bar: The 30 minutes before students arrive and the 30 minutes after students depart is not to be computed as a part of the preparation time defined above, but is to be used by employees as additional preparation time, time for giving students extra assistance, conferences, consultations, faculty meetings, supervision and similar professional purposes. SECTION B. WORKLOAD 1. Limits: The District shall set workload limits as follows (including elementary specialist's classes): Grade Level Maximum K th Grade 25 K - 4th Grade (Specialists) 25 Combined Rooms 25 5th - 8th Grade 28 9th - 12th Grade 28 5th - 12th P.E. classes 32 9 th - 12 th Grade Block Schedule 32 9 th - 12 th P.E. classes Block Schedule 36 In the first five days of the first and second semester, a count shall be taken in each class in each building. A district-wide meeting shall then follow to include the Superintendent, Business Manager, Building Principals, Building Representatives and Union President to evaluate any overloads occurring. Laboratory (shop, home economics, science, computer, etc.) and PE class sizes shall be determined and reviewed at the district-wide meeting listed above, taking into consideration, the number of learning stations, available equipment and safety factors. Music classes shall also be reviewed, by the committee to ensure quality delivery of services to the students involved. The building principal's decision shall be final. The Cashmere School District and the Cashmere Education Association recognize a growing number of students with special needs. This includes, but is not limited to, students with medical problems, English as Second Language (ESL) students, and students with behavioral problems. The district/building administrator will take this into consideration when finalizing student placement in an effort to maximize learning and teaching. Student placement will be reviewed, as requested by either party, to ensure quality delivery of services to students. In as much as the District recognizes the needs of students in special populations, it is difficult to establish caseload limits due to the numerous and varying factors inherent in those populations. Therefore, caseload limits for special education; speech, occupational and physical therapy; and ESL classes will be reviewed, as requested by either party, to ensure quality delivery of services to the students involved. Factors to be considered may include, but not be limited to, state established norms, current norms in similar districts, severity of needs, and existing personnel. Employees desiring a review of caseload limits will make their initial contact with their immediate supervisor. If needed, further reviews and decisions will proceed from that initial contact. MASTER AGREEMENT BETWEEN CEA AND CSD ( EDITION) 19